New York 2025-2026 Regular Session

New York Assembly Bill A00866

Introduced
1/8/25  
Refer
1/8/25  

Caption

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

Summary

Bill A00866 seeks to amend the labor law and workers' compensation law in New York to clarify the criteria for determining whether individuals providing labor or services for remuneration should be classified as employees rather than independent contractors. The bill establishes specific conditions that must be met for a hiring entity to classify a worker as an independent contractor, including the worker's freedom from control by the hiring entity, the nature of the work performed, and whether the worker is engaged in an independently established trade or business. This change aims to enhance protections for workers and ensure they receive the benefits associated with employee status.

Impact

If enacted, this bill would significantly impact labor law in New York by shifting the presumption of employee status towards workers providing services for remuneration. It would require hiring entities to meet stringent criteria to classify workers as independent contractors, potentially increasing the number of individuals entitled to employee benefits such as unemployment insurance, workers' compensation, and other labor protections. This could lead to broader implications for various industries, particularly those that rely heavily on gig or freelance labor.

Sentiment

The sentiment surrounding Bill A00866 appears to be mixed, with supporters advocating for greater worker protections and rights, while opponents may express concerns about the potential burden on businesses and the gig economy. The lack of recorded votes or committee discussions at this stage suggests that the bill is still in the early stages of consideration and has not yet faced significant public debate.

Contention

Notable points of contention may arise from the balance between protecting workers and the implications for businesses that rely on independent contractors. Proponents of the bill argue that it is necessary to safeguard workers' rights, while critics may argue that it could stifle flexibility in the labor market and impose undue restrictions on businesses. The debate may center around the economic impact of such a classification change on various sectors, particularly those that employ gig workers.

Companion Bills

No companion bills found.

Previously Filed As

NY S02052

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

NY A02085

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

NY S03487

Relates to the employee status of an individual; establishes criteria for determining whether labor or services performed for remuneration qualify as employment.

NY S863

Revises factors for determining employment or independent contractor status under certain State labor laws.

NY HB5007

Employment security: administration; determination of whether services performed by an individual are employment; modify. Amends sec. 42 of of 1936 (Ex Sess) PA 1 (MCL 421.42).

NY A11492

Provides criteria for determining whether an individual is a transient occupant

NY S10464

Provides criteria for determining whether an individual is a transient occupant when determining whether a landlord-tenant relationship exists.

NY HB5001

Employment security: benefits; remuneration provision; modify formula. Amends sec. 27 of 1936 (Ex Sess) PA 1 (MCL 421.27).

NY S04394

Establishes criteria for the use of automated employment decision tools; provides for enforcement for violations of such criteria.

NY HB6861

Consolidating Veteran Employment Services for Improved Performance Act

Similar Bills

No similar bills found.